Bonum Certa Men Certa

Today's Report From the Administrative Council (AC) of the European Patent Organisation 'Tackles' the Most Important Issue: Judge Corcoran

Lying about the nature of the case and its supposed 'closure'

one hand washes the other (and both wash the face)
Idiom



Summary: The Administrative Council, whose job is to govern the Office, seems to be engaging in a rather disturbing 'coverup' job, which merely reinforces popular perceptions that Battistelli controls his so-called 'bosses'

THE EPO is not honest, to say the least and to put it politely. Apart from the usual #IPforSMEs nonsense and some other fluff, there's still nothing in the EPO's timeline about the Judge. Nothing. Not even about last week's meeting. At all! Isn't that odd?

They find time to brag about paying German media for PR ("Together with @Handelsblatt Research Institute we looked at #4IR") and corrupting academia for UPC lobbying ("Experts from the University of Colorado, London School of Economics"). They also wrote about holidays today ("We'd like to remind you that the EPO offices will be closed from 23.12.2017 to 1.1.2018 inclusively"), neglecting to say that EPO management canceled 3 holidays this year!

These are all tweets from today. Still nothing at all about the scarce media coverage of EPO scandals. Mathieu Klos and Christina Schulze of JUVE have just published this article about the scandals. The headline is something along the lines of "Disciplinary case at the European Patent Office: Pyrrhic victory for suspended judge" and the opening paragraph says:

Jahrelang durfte ein irischer Richter seinen früheren Arbeitsplatz beim Europäischen Partentamt nicht betreten, weil Behördenchef Benoît Battistelli ihm Hausverbot erteilt hatte – doch seit voriger Woche ist der Mann wieder als Mitglied der Beschwerdekammern beim Europäischen Patentamt (EPA) tätig. Damit hat der Präsident der Beschwerdekammern, Carl Josefsson, zwei Urteile des Verwaltungsgerichts der Internationalen Arbeitsorganisation (ILOAT) umgesetzt. Dieses hatte angeordnet, den Richter wieder einzusetzen. Allerdings wird er wohl nur noch wenige Tage bis zum Jahresende seine Richtertätigkeit ausüben. Denn der Verwaltungsrat verlängerte seine Amtszeit nicht.


Based on a rough translation, there's not much in there (which we have not covered before). It says that according to an internal statement, Josefsson gave the judge the house access rights on 11 December. He then resumed his work. The judge had always asserted his innocence and, unlike before the decision of the board of directors, the judge is no longer open to re-entering the ILOAT. He now has to go through the lengthy internal complaint path first."

Tough 'luck'. eh?

So it's far from a solved issue.

Now watch what the EPO said some hours ago (here and also here). To quote the minutes in full:

The Administrative Council of the European Patent Organisation held its 154th meeting in Munich on 13 and 14 December 2017 under the chairmanship of Christoph ERNST (DE).

The Administrative Council noted the activities reports given by its Chairman and by the President of the European Patent Office, Benoît BATTISTELLI. In the ensuing discussion the Council welcomed the very positive results the Office was expecting for 2017, praised the management and staff for their achievements and encouraged all to progress in terms of social dialogue. The Council further noted the oral reports by the chairpersons of the Supervisory Board of the Reserve Funds for Pensions and Social Security (RFPSS) and the Budget and Finance Committee on their recent meetings.

A series of elections and appointments was then on the agenda:

- the Council elected Gerard BARRETT (IE) as deputy Chairman of the Budget and Finance Committee. It further appointed Viktor LUSZCZ (HU) to the Boards of Appeal Committee;

- in the case of the RFPSS Supervisory Board in its new composition, the Council appointed with effect from 1 January 2018 its two own representatives and one alternate, as well as the four external expert members and one alternate, including the new Chairman Michel LIND;

- the Council also decided on appointments to the new Appeals Committee of its Chair, Paul MAHONEY, the two deputy Chairs and two further members. It also appointed the Chairman, Markus MOHLER, and the members of the Council Disciplinary Committee, all with effect from 1 January 2018;

- and finally, the Council decided on a number of appointments and re-appointments as technically qualified members of the Boards of Appeal and as external legally qualified members of the Enlarged Board.

In respect of legal affairs the Council adopted in particular the Office proposals on fees for 2018-2020 under the existing working agreements on search co-operation.

Turning to personnel policy matters the Council conducted a general debate on the orientation paper submitted by the Office, regarding modernisation of the employment framework. It supported the principle of introducing more flexibility and expected the strategic, legal and financial outcomes of the discussion to be reflected in the concrete assessments and proposed modalities the Office would submit in early 2018.

The Council also addressed a number of financial matters. Firstly, it unanimously approved the draft budget for 2018 as well as the budget estimates for the four following years. In particular it endorsed the related Office proposals regarding a substantial reduction in PCT fees and online filing fees and the increase in the appeal fee. It also approved the yearly outcome of applying the salary method and further measures in the field of pensions.

In a closed session, the Council took a final decision in a disciplinary case against an employee appointed by the Council - a case which had attracted significant public attention. This decision was taken with due regard to all relevant elements. The Council expressed its satisfaction at having closed the case. In particular, it underlined its expectation that now - after a long period of intense debate - legal peace would be restored.

Council Secretariat


What's most relevant at the moment is that last paragraph. It says that the matter is resolved ("closed"), but it's far from resolved; hence the statement is very misleading.

People at IP Kat (3 comments so far) noticed the above and one said:

Hmmm. "Final" decision? Curious that they do not say what that was or on what grounds it was taken. I expect we will see this heading to the ILOAT yet again... The expression of an expectation that "legal peace" will be restored takes some chutzpah, too.


It's another lie from the EPO. We've lost count. They're not credible or trustworthy anymore. Not even the AC.

Here's the next comment:

AC, through its wise and respectable chairman, based on infallible information provided by the President of the Office, has decided that the ILOAT decissions are confidential, and that therefore neither staff, nor staff representation may discuss these descissions, and the implication that staff does not have access to any judicial remedies. Therefore nobody can confirm that Mr. C has been, based on new confidential documents provided by the accuser, which has due to its confidential nature not been communicated to the accused, who has NOT been invited to present his view of the case, and in absence of the accused and in absence of anyone representing the accused, suspended again. But since the President of the Office was not present in the room (after he presented the CONFIDENTIAL, allegedly non-public ILOAT decissions, and the lessons to be learnt), when the AC made the vote, the ILOAT decissions and its implications have been fully recognised.

There is, in the new procedure, by decission of the AC, no procedural flaw present.


The incredible amount of lying from the EPO and the AC is worrisome. The coverup attempts from the EC are troubling and the silence from ILO isn't helpful, either. Is this the best Europe can do when abject injustice is up on display? ⬆

Recent Techrights' Posts

Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs